DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Spears et al. (US 20230089256) in view of Lohmann et al. (US 20200239291).
Regarding claim 1: Spears discloses an apparatus configured for attachment to a power machine (Figs. 1-3). Spears discloses first and second side plates, each of the first and second side plates configured for pivotal attachment to the power machine at a first pivot joint 1080 (Figs. 3, 28, 36, 37; [0202] – side plates illustrated (at least Fig. 37) but not numbered). Spears discloses a lower plate 1054 having a fixed orientation relative to each of the first and second side plates (Figs. 3, 28, 36, 37; [0199]). Spears discloses a platform assembly comprising a platform 1052, 1054 and a frame (illustrated but not numbered) and the frame attached to each of the first and second side plates (Figs. 3, 28, 36, 37; [0199]).
Spears does not explicitly disclose that the frame is attached to each of the first and second side plates at a second pivot joint. Lohmann discloses that a platform frame can be attached at a second pivot joint S2, 28, 34 (Fig. 2; [0038]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art and the benefit of the cited art to have configured Spears so that the frame is attached to each of the first and second side plates at a second pivot joint as taught by Lohmann. As both Spears and Lohmann are directed to a platform assembly for a work vehicle (an apparatus configured for attachment to a power machine), as various operator platforms are known for work vehicles including different attachment and pivot designs, and as Lohman explicitly teaches a second pivot point to allow the platform to pivot independently of the pivoting frame, it would have been within routine skill to have selected a desired platform attachment scheme from a finite selection of platform attachment schemes (i.e. rigid, single pivot joints or two pivot joints). Such a simple addition and configuration would have been predictable with a reasonable expectation for success and with no unexpected results.
Spears, as modified by Lohmann, discloses a first bumper (Spears – 1082; Lohmann – 36, 44) disposed between the platform and the lower plate (Spears – Fig. 36; [0202]; Lohmann – Fig. 2; [0038]).
Regarding claim 2: Spears, as modified by Lohmann, discloses a front plate having a fixed orientation relative to each of the first and second side plates (Spears – Fig. 37; Lohmann – Fig. 2 – the front plates are illustrated but not numbered).
Regarding claim 3: Spears, as modified by Lohmann, discloses a second bumper (Lohmann – 38) attached to the front plate (Lohmann – Fig. 2; 0039]).
Regarding claim 4: Spears, as modified by Lohmann, discloses that the lower plate comprises a plurality of attachment features configured for selective attachment of the first bumper (Spears – Fig. 37; Lohmann – Fig. 2; both Spears and Lohmann illustrate structure that meets the as-recited claim).
Regarding claim 5: Spears, as modified by Lohmann, discloses an upper plate disposed between the platform and the first bumper(Spears – Fig. 37; Lohmann – Fig. 2; both Spears and Lohmann illustrate structure that meets the as-recited claim).
Regarding claim 6: Spears, as modified by Lohmann, discloses that the first bumper is tubular (Spears – Figs. 37, 38).
Regarding claim 7: Spears, as modified by Lohmann, discloses a method of supporting a load applied on an apparatus of a power machine (see above; Spears - Figs. 3, 37; [0120] – supports an operator; Lohmann – Figs. 1, 2; [0036] – stand on platform). Spears, as modified by Lohmann, discloses first and second side plates, each of the first and second side plates configured for pivotal attachment to the power machine at a first pivot joint (see above; Spears – 1080; Figs. 3, 28, 36, 37; [0202] – side plates illustrated (at least Fig. 37) but not numbered). Spears, as modified by Lohmann, discloses a lower plate (see above; Spears 1054) having a fixed orientation relative to each of the first and second side plates (see above; Spears - Figs. 3, 28, 36, 37; [0199]). Spears, as modified by Lohmann, discloses a platform assembly comprising a platform (see above; Spears - 1052, 1054) and a frame (see above; Spears - illustrated but not numbered) and the frame attached to each of the first and second side plates at a second pivot joint (see above; Spears - Figs. 3, 28, 36, 37; [0199]; Lohmann - S2, 28, 34; Fig. 2; [0038]). Spears, as modified by Lohmann, discloses a first bumper (see above; Spears – 1082; Lohmann – 36, 44) disposed between the platform and the lower plate (Spears – Fig. 36; [0202]; Lohmann – Fig. 2; [0038]). Spears, as modified by Lohmann, discloses applying the load onto the platform and compressing the first bumper between the platform and the lower plate (see above; Spears - Figs. 3, 37; [0120] – supports an operator; Lohmann – Figs. 1, 2; [0036] – stand on platform).
Regarding claim 8: Spears, as modified by Lohmann, discloses pivoting the platform assembly about the second pivot joint relative to the first and second side plates (see above; Spears - Figs. 3, 28, 36, 37; [0199]; Lohmann - S2, 28, 34; Fig. 2; [0038]).
Regarding claim 9: Spears, as modified by Lohmann, discloses that the apparatus comprises a second bumper (Lohmann – 38) disposed between a front plate and frame of the power machine and the method comprising compressing the second bumper(see above; Spears - Figs. 3, 37; [0120] – supports an operator; Lohmann – Figs. 1, 2; [0036] – stand on platform).
Regarding claim 10: Spears, as modified by Lohmann, discloses that the lower plate comprises a plurality of attachment features, the method comprising selectively attaching the first bumper to one of the plurality of attachment features (Spears – Fig. 37; Lohmann – Fig. 2; both Spears and Lohmann illustrate structure that meets the as-recited claim).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARAS P BEMKO whose telephone number is (571)270-1830. The examiner can normally be reached on Monday-Friday 8:00-5:00 (EDT/EST).
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/Taras P Bemko/
Primary Examiner, Art Unit 3672
6/29/2026
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